The Defence and Security Public Contracts (Amendment) (EU Exit) Regulations 2020

Pre-exit amendments of the Defence and Security Public Contracts Regulations 2011

2.—(1) The Defence and Security Public Contracts Regulations 2011(1) are amended as follows.

(2) In regulation 3 (interpretation), in paragraph (1), in the definition of “military equipment”, for “26 February 2018 as amended from time to time” substitute “17 February 2020(2)”.

(3) In regulation 12 (technical specifications in the contract documents)—

(a) in paragraph (1), for the definition of “European technical approval” substitute the following—

““European Technical Assessment” means the documented assessment of the performance of a construction product, in relation to its essential characteristics, in accordance with the relevant European Assessment Document as defined in point 12 of Article 2 of Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC(3);”;

(b) in paragraph (5)(b), for “European technical approvals” substitute “European Technical Assessments”;

(c) in paragraph (10)(b), for “European technical approval” substitute “European Technical Assessment”.

(4) In regulation 23 (criteria for the rejection of economic operators), in paragraph (4), sub-paragraph (k), for “(12) and (13)” substitute “(12), (13) and (14)”.

(1)

S.I. 2011/1848, amended by S.I. 2015/102, 2016/275, 2019/697 and by S.S.I. 2015/446 and 2016/49; there are other amending instruments, but none are relevant.

(2)

OJ C 85, 13.3.2020, p.1-37.

(3)

OJ No L 88, 4.4.2011, p.5-43, last amended by Commission Delegated Regulation (EU) No 574/2014 (OJ No L 159, 28.5.2014, p.41).